Patent Args Should’ve Gone To Jury, Fed Circ. Told

Law360, Washington (December 4, 2017, 9:07 PM EST) -- Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

It’s up to a jury, not a judge, to decide factual issues of patent eligibility under the Seventh Amendment, Kaz attorney Pratik A. Shah told the panel in oral arguments. Specifically, a jury should have considered whether patent elements on taking patient temperatures are simply routine processes not...
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